1514.13
Establishing projected cone of depression for surface mining operation that may result in dewatering.

(A)
The chief of the division of mineral resources management shall use the
compilation of data for ground water modeling submitted under section
1514.02 of the Revised Code to
establish a projected cone of depression for any surface mining operation that
may result in dewatering. The chief shall consult with the chief of the
division of soil and water
resources when projecting a cone of depression.
An applicant for a surface mining permit for such an operation may submit
ground water modeling that shows a projected cone of depression for that
operation to the chief, provided that the modeling complies with rules adopted
by the chief regarding ground water modeling. However, the chief shall
establish the projected cone of depression for the purposes of this section.

The chief shall
adopt, and may amend and rescind, rules in accordance with Chapter 119. of the
Revised Code establishing requirements and standards governing both of the
following:

(1)
Ground
water modeling for establishing a projected cone of depression. A ground water
model shall be generally accepted in the scientific community.

(1)
If an owner of real property who obtains
all or part of the owner's water supply for domestic, agricultural, industrial,
or other legitimate use from ground water has a diminution, contamination, or
interruption of that water supply and the owner's real property is located
within the projected cone of depression of a surface mining operation
established under this section, the owner may submit a written complaint to the
operator of that operation or to the chief informing the operator or the chief
that there is a diminution, contamination, or interruption of the owner's water
supply. The complaint shall include the owner's name, address, and telephone
number.

If the chief receives
a written complaint, the chief immediately shall send a copy of the complaint
to the operator, and the operator immediately shall respond by sending the
chief a statement that explains how the operator resolved or will resolve the
complaint. If the operator receives a written complaint, the operator
immediately shall send to the chief a copy of the complaint and include a
statement that explains how the operator resolved or will resolve the
complaint. Not later than seventy-two hours after receipt of the complaint, the
operator shall provide the owner a supply of water that is comparable, in
quantity and quality, to the owner's water supply prior to the diminution,
contamination, or interruption of the owner's water supply. The operator shall
maintain that water supply until the operator provides a permanent replacement
water supply to the owner under division (B)(3) of this section or until the
division of mineral resources management completes the evaluation under
division (B)(2) of this section, whichever is applicable.

(2)
A rebuttable presumption exists that the operation caused the diminution,
contamination, or interruption of the owner's water supply. However, not later
than fourteen days after receipt of the complaint, the operator may submit to
the division information showing that the operation is not the proximate cause
of the diminution, contamination, or interruption of the owner's water supply.
The division shall evaluate the information submitted by the operator to
determine if the presumption is rebutted. If the operator fails to rebut the
presumption, the division immediately shall notify the operator that the
operator failed to rebut the presumption. Not later than fourteen days after
receipt of that notice, the operator shall provide the owner a permanent
replacement water supply that is comparable, in quantity and quality, to the
owner's water supply prior to the diminution, contamination, or interruption of
the owner's water supply. If the operator rebuts the presumption, the division
immediately shall notify the operator that the operator rebutted the
presumption, and, upon receipt of that notice, the operator may cease providing
a supply of water to the owner under division (B)(1) of this section.

(3)
If,
within fourteen days after receipt of the complaint, the operator does not
submit to the division information showing that the operation is not the
proximate cause of the diminution, contamination, or interruption of the
owner's water supply, the operator shall provide the owner, not later than
twenty-eight days after receipt of the complaint, a permanent replacement water
supply that is comparable, in quantity and quality, to the owner's water supply
prior to the diminution, contamination, or interruption of the owner's water
supply.

(4)
The
division may investigate a complaint under division (B) of this section.

(C)
If an
owner of real property who obtains all or part of the owner's water supply for
domestic, agricultural, industrial, or other legitimate use from ground water
has a diminution, contamination, or interruption of that water supply and the
owner's real property is not located within the projected cone of depression of
a surface mining operation established under this section, the owner may submit
a written complaint to the operator of that operation or to the chief informing
the operator or the chief that there is a diminution, contamination, or
interruption of the owner's water supply. The complaint shall include the
owner's name, address, and telephone number.

If the operator
receives a written complaint, the operator immediately shall send the chief a
copy of the complaint. If the chief receives a written complaint, the chief
immediately shall send the operator a copy of the complaint. The chief shall
investigate any complaint submitted under this division and, upon completion of
the investigation, immediately shall send the results of the investigation to
the operator and to the owner that filed the complaint.

An owner that submits
a written complaint under this division may resolve the diminution,
contamination, or interruption of the owner's water supply with the operator of
that operation or may commence a civil action for that purpose.

(D)
An
operator may request the chief to amend the plan of mining and reclamation
filed with the application under section
1514.02 of the Revised Code when a
ground water user may affect the projected cone of depression established for
the operation under division (A) of this section. The operator shall submit
additional data that reflect the ground water user's impact on the ground
water. The chief shall perform ground water modeling using the additional data
and may establish a revised projected cone of depression for that operation.

(E)
This
section shall not be construed as creating, modifying, or affecting any right,
liability, or remedy of surface riparian owners.